Customary Law in Malaysia : Adat Temenggung

Customary Law

Is defined as an ancient or can also be said as a native unwritten law for a local place in particular.These set of laws are not practiced by the legislative authorities in a country.There are two types of customary laws which are Adat Temenggung and Adat Perpatih.

Adat Temenggung

1. The customary laws of adat temenggung are based on Islamic principles and is very much applicable in all states in West Malaysia except Negeri Sembilan. 

• Adat Temenggung is favourable to men compared to Adat Perpatih. It is based on the characteristic of the patrilineal form of organisation and  fundamentally based on Islamic principles or (Hukum Syariah).
• Adat Temenggung  holds the same rules in the distribution of inheritance as the Quran.This is why this customary law is accepted in the Malay society

2. In the case of Adat Temenggung, the distribution of the deceased property or estate is as follows: -

• A daughter is entitled to half of the entitlement of the son which is (1/2) of the sons property
• If there is no son, the daughter is entitled to half of the deceased estate.
• If there are two daughters and no son,the daughters will be entitled to two-thirds(2/3) of the estate in equal share.
• The wife or wives of the deceased will be entitled to one quarter(1/4) of the deceased’s estate if there are no children in the marriage. If there are children, the wife or wives will be eligible to only one-eighth (1/8)of the estate.
• A husband is entitled to half(1/2)of the wife’s estate if there are no children. If there are children, the husband will be eligible to a quarter(1/4) of the estate.
• The father or mother of the deceased who died leaving their children is entitled to one-sixth(1/6) of the deceased estate.

Source: http://ironwills.com.my/what-is-customary-law.html